Incorporation by Reference of ICAO Annex 2; Removal of Outdated North Atlantic Minimum Navigation Performance Specifications, 66877-66881 [2016-22798]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Proposed Rules]
[Pages 66877-66881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22798]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 91

[Docket No.: FAA-2016-9154; Notice No. 16-05]
RIN 2120-AK88


Incorporation by Reference of ICAO Annex 2; Removal of Outdated 
North Atlantic Minimum Navigation Performance Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This rulemaking proposes to harmonize the FAA's regulations 
regarding the North Atlantic (NAT) Minimum Navigation Performance 
Specifications (MNPS) with those of the International Civil Aviation 
Organization (ICAO). ICAO's NAT Region is transitioning from the 
decades-old MNPS navigation specification to a more modern, 
Performance-Based Navigation (PBN) specification. This proposed rule 
would also correct and update the incorporation by reference of ICAO 
Annex 2 in the FAA's regulations.

DATES: Send comments on or before October 31, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9154 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Kevin C. Kelley, Flight Technologies Division, 
Performance Based Flight Systems Branch, AFS-470, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-8854; email kevin.c.kelley@faa.gov.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the U.S. and for 
the safety of U.S. civil operators, U.S.-registered civil aircraft, and 
U.S.-certificated airmen throughout the world. The FAA's authority to 
issue rules on aviation safety is found in title 49 United States Code 
(U.S.C.). Subtitle I, section 106(f), describes the authority of the 
FAA Administrator. Subtitle VII of title 49, Aviation Programs, 
describes in more detail the scope of the agency's authority. Section 
40101(d)(1) provides that the Administrator shall consider in the 
public interest, among other matters, assigning, maintaining, and 
enhancing safety and security as the highest priorities in air 
commerce. Section 40105(b)(1)(A) requires the Administrator to exercise 
his authority consistently with the obligations of the U.S. Government 
under international agreements.
    This rulemaking is promulgated under the authority described in 
title 49, subtitle VII, part A, subpart III, section 44701, General 
requirements. Under that section, the FAA is charged broadly with 
promoting safe flight of civil aircraft in air commerce by prescribing, 
among other things, regulations and minimum standards for practices, 
methods, and procedures that the Administrator finds necessary for 
safety in air commerce and national security.
    This rulemaking is also promulgated pursuant to title 49 U.S.C. 
40103(b)(1) and (2), which charge the FAA with issuing regulations: (1) 
To ensure the safety of aircraft and the efficient use of airspace; and 
(2) to govern the flight of aircraft for purposes of navigating, 
protecting and identifying aircraft, and protecting individuals and 
property on the ground.
    This regulation is within the scope of that authority, because it 
amends 14 CFR 91.703 to harmonize and incorporate changes made to 
international standards directly applicable in airspace over the high 
seas.

I. Executive Summary

    The proposed rule would harmonize FAA regulations with ICAO 
standards relevant to the North Atlantic and to airspace over the high 
seas. In January 2016, ICAO announced that the NAT Minimum Navigation 
Performance Specifications (MNPS) airspace would be renamed NAT High 
Level Airspace (HLA) effective February 4, 2016. ICAO further announced 
that existing MNPS authorizations by the State of the operator or the 
State of registry will expire in January 2020. As a result, operators 
in the NAT HLA would no longer be able to use the MNPS for the 
navigation of aircraft and would be required to transition to a PBN 
specification. Airspace over the high seas (oceans, seas, and waters 
outside of sovereign jurisdiction) is governed by ICAO Annex 2. The 
FAA's regulatory basis for operational authorizations for the NAT and 
for all airspace over the high seas is addressed in 14 CFR 91.703, 
which incorporates Annex 2 by reference, and Sec.  91.705, which 
provides for NAT MNPS authorizations.
    This proposed rule, if adopted, would remove MNPS from part 91 of 
title 14

[[Page 66878]]

Code of Federal Regulations (14 CFR) and would not impose any new 
requirements.
    Additionally, under this proposal, the FAA is updating the 
incorporation by reference (IBR) of ICAO Annex 2 in Sec.  91.703, which 
was last updated in 1997. Since that time, ICAO has published thirteen 
amendments to Annex 2. This proposal would remove potential ambiguities 
about the version of Annex 2 applicable to airspace over the high seas.

Costs and Benefits

    The proposed rule is an administrative harmonization, as it does 
not impose any new requirements. If the FAA does not adopt this rule, 
ICAO's current transition from the MNPS specification to PBN 
specifications for operations in the NAT HLA, will still take place by 
2020. Consequently, there are no costs associated with this proposed 
rule.

II. Background

International Civil Aviation Organization (ICAO)

    The Chicago Convention was adopted to promote the safe and orderly 
development of international civil aviation. The Chicago Convention 
also created ICAO, which promulgates uniform international Standards 
and Recommended Practices (SARPs) aimed at standardizing international 
civil aviation operational practices and services. Currently, these 
SARPs are detailed in 19 annexes to the Chicago Convention. Annex 2, 
Rules of the Air, is of particular relevance here, as these rules 
pertain to airspace over the high seas. Article 12 to the Convention 
obligates each Contracting State to adopt measures to ensure that 
persons operating an aircraft over the high seas comply with Annex 2. 
As a Contracting State, the U.S. has satisfied this responsibility 
through 14 CFR part 91, General Operating and Flight Rules, which 
requires that U.S.-registered aircraft comply with Annex 2 when over 
the high seas (see 14 CFR 91.703). Annex 2, paragraph 5.1.1 provides 
that ``Aircraft shall be equipped with suitable instruments and with 
navigation equipment appropriate to the route to be flown.''

Transition From Minimum Navigation Performance Specifications (MNPS) to 
Performance-Based Navigation (PBN) Specification

    In 1977, ICAO established the Minimum Navigation Performance 
Specifications (MNPS) and the corresponding NAT airspace where MNPS 
would apply in an effort to address constrained capacity in light of 
continued growth of NAT traffic. The following year, the required 
lateral separation was safely halved from 120 to 60 nautical miles due 
to the enhanced reliability of navigation equipment meeting the MNPS. 
This resulted in large capacity and efficiency gains.
    Since the implementation of the MNPS, the 60 nautical mile lateral 
separation has remained in place.\1\ In the meantime, more modern PBN 
specifications of Area Navigation/Required Navigation Performance 10 
(RNAV/RNP 10) and RNP 4, have been introduced, as well as automatic 
aircraft datalink systems which provide periodic position reports to 
ground stations.
---------------------------------------------------------------------------

    \1\ On December 15, 2015, a trial of Reduced Lateral Separation 
Minima began in portions of the North Atlantic, with tracks spaced 
at half degrees of latitude, nominally 30 nautical miles apart.
---------------------------------------------------------------------------

    In light of those new developments, and in an effort to again 
safely increase capacity and efficiency, ICAO has allowed for 
authorizations by the State of the operator or the State of registry 
using RNAV 10 and RNP 4 specifications. The FAA has published guidance 
explaining RNP operations in FAA Advisory Circular 90-105A, Approval 
Guidance for RNP Operations and Barometric Vertical Navigation in the 
U.S. National Airspace System and in Oceanic and Remote Continental 
Airspace. Also, in a State Letter dated January 5, 2015, and ``NAT OPS 
Bulletin 2016_001'' issued January 22, 2016, ICAO announced that NAT 
Minimum Navigation Performance Specifications (MNPS) airspace would be 
renamed as the NAT High Level Airspace (HLA) effective February 4, 
2016.

III. Discussion of the Proposal

Removal of References to the North Atlantic Minimum Navigation 
Performance Specifications

    As a result of ICAO renaming the NAT MNPS airspace, the references 
to NAT MNPS in the FAA's regulations are outdated. The FAA proposes to 
remove all instances of MNPS in 14 CFR part 91. The prescriptive 
references to navigational specifications are not necessary since 
operators are required to comply with Annex 2, which aligned RNP and 
RNAV terminology with the PBN concept in Amendment 41. The FAA issued a 
revised Operations Specification (OpSpec B039) for the authorization of 
PBN operations in the NAT HLA on June 10, 2016. Two part 121 carriers 
are conducting operations in the NAT HLA under revised OpSpec B039 and 
the FAA expects other carriers and operators to follow suit.\2\ 
Existing B039 authorizations remain valid until December 31, 2019.
---------------------------------------------------------------------------

    \2\ Of the more than 10,000 ATC flight plans filed in June 2016 
for aircraft transiting the New York Oceanic Flight Information 
Region in the North Atlantic, in excess of 98% indicated either RNP 
4 or RNAV/RNP 10 capability.
---------------------------------------------------------------------------

Incorporation by Reference Update and Correction

    The FAA also proposes to update and correct the incorporation by 
reference to ICAO Annex 2 in Sec.  91.703 to the current version of the 
document, as amended through November 10, 2016. Annex 2, including all 
amendments through Amendment 32, was incorporated by reference into 
Sec.  91.703 effective April 9, 1997 (62 FR 17480, Apr. 9, 1997). Since 
then, 13 amendments to Annex 2 have been published (see Table 1).

 Table 1--Amendments to ICAO Annex 2 Since Last IBR Into 14 CFR Part 91
------------------------------------------------------------------------
           Amendment                    Subject            Applicable
------------------------------------------------------------------------
33............................  Communication failure   16 November
                                 procedures.             1997.
34............................  Definitions; automatic  5 November 1998.
                                 dependent
                                 surveillance systems
                                 and procedures; data
                                 interchange between
                                 automated ATS
                                 systems; ATS
                                 applications for air-
                                 ground data links;
                                 problematic use of
                                 psychoactive
                                 substances.
35............................  ATS airspace            4 November 1999.
                                 classifications;
                                 visual meteorological
                                 conditions clearance;
                                 runway-holding
                                 position.
36............................  Revised definitions of  1 November 2001.
                                 ``air traffic control
                                 unit'', ``approach
                                 control unit'',
                                 ``alternate
                                 aerodrome'' ``flight
                                 crew member'',
                                 ``pilot-in-command''
                                 and ``visibility'';
                                 editorial amendments.
37............................  Pilot procedures in     28 February
                                 the event of unlawful   2003.
                                 interference;
                                 editorial amendments.

[[Page 66879]]

 
38............................  Definitions;            24 November
                                 marshalling signals;    2005.
                                 communication failure
                                 procedures;
                                 interception
                                 maneuvers; editorial
                                 amendments.
39............................  Restructuring of text   23 November
                                 to emphasize the        2006.
                                 responsibility of the
                                 pilot-in-command for
                                 the avoidance of
                                 collisions.
40............................  Definitions and         22 November
                                 associated procedures   2007.
                                 for ADS-B, ADS-C and
                                 ADS-C agreement;
                                 pilot procedures in
                                 the event of unlawful
                                 interference.
41............................  Amendment to a          20 November
                                 definition and          2008.
                                 Standard to align
                                 required navigation
                                 performance (RNP) and
                                 area navigation
                                 (RNAV) terminology
                                 with the performance-
                                 based navigation
                                 (PBN) concept.
42............................  Amendments to standard  19 November
                                 emergency hand          2009.
                                 signals for emergency
                                 communications
                                 between aircraft
                                 rescue and
                                 firefighting
                                 personnel and flight
                                 and/or cabin crews;
                                 and harmonization of
                                 cruising levels.
43............................  Amendment to            15 November
                                 definitions; speed      2012.
                                 variations; and
                                 remotely piloted
                                 aircraft.
44............................  Definitions related to  13 November
                                 instrument approach     2014.
                                 operations.
45............................  Speed variation         10 November
                                 procedures.             2016.
------------------------------------------------------------------------

    In accordance with a process described in FAA Order JO 7000.6A, 
Identification and Notification of Differences Between ATO Products and 
Services and ICAO Documents, the FAA has examined each of the 
Amendments to Annex 2 listed in Table 1. Differences are published in 
the GEN 1.7 section of the current United States Aeronautical 
Information Publication (AIP). The differences listed in the AIP for 
Annex 2 are minor in nature, generally apply to operations within the 
United States and have no relation to the Annex 2 requirement for 
aircraft to be operated over the high seas with navigation equipment 
appropriate to the route to be flown.\3\
---------------------------------------------------------------------------

    \3\ For a complete and current listing of the differences, see 
the United States Aeronautical Information Manual, Section GEN 1.7, 
found at: https://www.faa.gov/air_traffic/publications/media/AIP.pdf.
---------------------------------------------------------------------------

    The FAA notes that the current IBR of Annex 2 does not include the 
proper language conveying approval of the Director of the Federal 
Register and proposes to update the IBR of Annex 2 to reflect the 
Director of the Federal Register's approval as reflected in the 
proposed regulatory text.
    Annex 2 is available through the International Civil Aviation 
Organization (ICAO), Document Sales Unit, 999 University Street, 
Montreal, Quebec H3C 5H7, Canada. Also, you will be able obtain this 
document on the Internet at https://www.ICAO.int/eshop/index.cfm. It 
will also be available for inspection at the U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this rule. The reasoning for 
this determination follows. This rulemaking would harmonize the FAA's 
regulations regarding the NAT MNPS with those of ICAO. ICAO's NAT 
Region is transitioning from the decades-old ``MNPS'' navigation 
specification to a more modern PBN specification. The FAA also intends 
to update the incorporation by reference of ICAO Annex 2 in Sec.  
91.703. This proposed action, if adopted, would remove all references 
to MNPS under 14 CFR part 91 and would not impose any new requirements.
    Flights in international airspace must follow ICAO standards in 
that airspace. United States operators have historically complied with 
provisions relevant to airspace over the high seas in Annex 2. 
Accordingly, as operators are already complying with ICAO's provisions 
relevant to operations over the high seas, the FAA believes the 
proposed rule incorporating the current version of ICAO Annex 2 would 
impose minimal cost. The FAA requests comments on this determination.
    The FAA has, therefore, determined that this rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals

[[Page 66880]]

and to explain the rationale for their actions to assure that such 
proposals are given serious consideration.'' The RFA covers a wide-
range of small entities, including small businesses, not-for-profit 
organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    Even though there are substantial numbers of small entities 
operating aircraft across international waters, this proposed rule 
would not impose a significant economic impact. Flights in 
international airspace must follow ICAO standards in that airspace. 
Currently, United States operators must comply with Annex 2 when 
operating over the high seas. This proposed rule harmonizes FAA 
regulations to be in accord with new ICAO rules effective in airspace 
over the high seas and imposes no new regulations. Accordingly, no 
affected entity incurs new costs. Thus the FAA expects this proposed 
rule would not impose a significant economic impact on a substantial 
number of small entities. The FAA asks for comment on this 
determination.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking would not result in a significant 
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this rule and determined that it uses 
international ICAO standards and the rule complies with the Trade 
Agreements Act as amended by the Uruguay Round Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million. This rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there would be no new requirement for information collection associated 
with this proposed rule.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has reviewed the corresponding ICAO Standards and Recommended 
Practices and has identified differences with the current version of 
Annex 2 (through Amendment 45). These differences, as prescribed in 
ICAO Annex 15, have been published in the United States Aeronautical 
Information Publication (AIP), section GEN 1.7. The differences listed 
in the AIP for Annex 2 are minor in nature and have no relation to the 
Annex 2 requirement for aircraft to be operated with navigation 
equipment appropriate to the route to be flown. This is consistent with 
the FAA's support of international compatibility and its obligations 
under the Convention on International Civil Aviation.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, International Cooperation

    Executive Order (E.O.) 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policy and 
agency responsibilities of Executive Order 13609, Promoting 
International Regulatory Cooperation. The agency has determined that 
this action would not have a significant international impact, but 
would remove potential ambiguities about the applicability of ICAO 
rules over the high seas.

[[Page 66881]]

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (https://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at https://www.gpo.gov/fdsys/.

    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1).

List of Subjects in 14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, 
Aviation safety, Incorporation by reference.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).

0
2. Amend Sec.  91.703 as follows:
0
a. Amend paragraphs (a)(1) and (3) by capitalizing the ``a'' in 
``Annex'';
0
b. Remove the first sentence of paragraph (a)(4); and
0
c. Revise paragraph (b) to read as follows:


Sec.  91.703   Operations of civil aircraft of U.S. registry outside of 
the United States.

* * * * *
    (b) Annex 2 to the Convention on International Civil Aviation, 
Tenth Edition--July 2005, with Amendments through Amendment 45, 
applicable November 10, 2016 is incorporated by reference into this 
section with the approval of the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the FAA must publish a document in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is 
available from the International Civil Aviation Organization (ICAO), 
Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, 
Canada; https://www.ICAO.int/eshop/index.cfm. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


 Sec.  91.705  [Removed]

0
3. Remove Sec.  91.705.


Sec.  91.1027  [Amended]

0
4. Amend Sec.  91.1027(a)(2) by removing ``MNPS,''.

Appendix C to Part 91--[Removed]

0
5. Remove appendix C to part 91.
0
6. Amend appendix G to part 91 by revising paragraph (a)(2) of section 
8 to read as follows:

Appendix G to Part 91--Operations in Reduced Vertical Separation 
Minimum (RVSM) Airspace

* * * * *

Section 8. Airspace Designation

    (a) * * *
    (2) RVSM may be effective in the High Level Airspace (HLA) 
within the NAT. The HLA airspace within the NAT is defined by the 
volume of airspace between FL 285 and FL 420 (inclusive) extending 
between latitude 27 degrees north and the North Pole, bounded in the 
east by the eastern boundaries of control areas Santa Maria Oceanic, 
Shanwick Oceanic, and Reykjavik Oceanic and in the west by the 
western boundaries of control areas Reykjavik Oceanic, Gander 
Oceanic, and New York Oceanic, excluding the areas west of 60 
degrees west and south of 38 degrees 30 minutes north.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), 
40101(d)(1), 40103(b)(1), 40105(b)(1)(A), and 44701(a)(5) in 
Washington, DC, on September 14, 2016.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2016-22798 Filed 9-28-16; 8:45 am]
 BILLING CODE 4910-13-P